Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
Call us anytime.
During office hours, call 904-701-0589
After office hours, call 904-727-7191

Regular office hours are 7:30 a.m. to 6:30 p.m.

Can I refuse to take a breathalyzer?

You know the potential consequences of drinking and driving in Florida. However, that does not stop you from wondering if you have the right to refuse a breathalyzer. You may not have consumed enough alcohol to qualify as drunk. But there is an officer knocking on your window, asking you to step out of your vehicle for the test. If you value your driving privileges, you should consider abiding by their request.

You cannot be forced to take a breathalyzer test if you do not want to. But if the officer decides to detain you because of probable cause, then you could ask for them to administer the test to you. Keep in mind that if you refuse the test and it is later discovered that your BAC is over the legal limit, then your refusal can lead to stiffer penalties. If you have prior DUI convictions, refusing to blow into a breathalyzer or take any field sobriety test can result in your arrest and a misdemeanor charge, states ABCActionNews.com.

The consequences of refusal

The first time you refuse a breathalyzer test you will lose your driving privileges for one year. The next two incidents the first time you refuse a breathalyzer test can result in the automatic suspension of your driver’s license 18 months. Of course, these penalties may not seem too serious. But, if you normally drive back and forth to work and other places, the penalties can be a great inconvenience and embarrassment.

Additional penalties

In addition to losing your driving privileges, you may face other consequences, especially if you are later convicted of drunk driving, such as jail time, fines, community service, having your vehicle impounded and equipped with an ignition interlock device and more.

Drunk driving is a crime that carries some harsh penalties. But you still have rights when you drive after drinking alcohol.

No Comments

Leave a comment
Comment Information
email us for a response
  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
Map & Directions

Regular office hours are 7:30 a.m. to 6:30 p.m.

Back to top